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Should I withdraw my PR renewal application

Discussion in 'Permanent Residency Obligations' started by Xaaxcsc, Aug 20, 2019.

  1. #1 Xaaxcsc, Aug 20, 2019 at 6:33 PM
    Last edited: Aug 20, 2019
    hi. I’m a student studying in a university in Ontario and I haven’t met my PR obligations. Background: my parents and I became permanent residents in August 2014 (I was 14 at this time) when we came to canada, stayed there for 3 weeks and went back to our home country with plans to come back. However, during this time my grandmother, who lived with us and was under my father’s care, fell extremely sick, got dementia, and we could no longer come to Canada since my father had to take care of her. I always wanted to study in Canada so I decided to go study there anyway when I was 18. In September 2018 I was able to enter Canada with no problems since I am also a green card holder and we drove to canada through US. I have been studying in Canada since sept 2018 as a permanent resident. I sent my PR renewal application in March 2019 on the basis on H&C since I was a minor taken out of Canada and returned as soon as I could.

    So here’s my problem: my application was filed months ago but it is still processing. And now I am starting to have doubts. I got into Canada with 0 problems and I just realized that I didn’t even have to send in that renewal application since there is a risk of rejection and removal. I am starting to feel that I should have continued studying in Canada for 2 years, as I am, and then applied for a regular PR renewal just like everyone else since there is less of a risk in that. But I didn’t know this back when I sent my Pr renewal application in a panic that I was going to be removed. I am starting to regret that decision and I’m considering withdrawing that application. Or is my situation legitimate and I have a chance of being granted a renewal? I was also wondering how long it takes for such cases to be granted/sorted out and how long of a wait should I expect before I recieive a decision. Should I have gone about this differently or should I just let it be? My PR renewal application is currently in process. I don’t know what reason to use for withdrawal of application either. I read online it takes 32 weeks for H&C cases to be completed is that true
     
  2. At this point, even if you could withdraw the application, the first review has already been facilitated and they already know you are not in compliance with RO.

    More people are reporting rejection when using the removed as a minor reason. Best to wait for the response.
     
    canuck78 likes this.
  3. My daughter has similar experience but finally after two years got interviewed and passed. She is citizen now.
     
  4. If you get refused you have already been lucky enough ro receice domestic tuition without meeting your RO or youe family contributing the tax base. You are in the same position as most international students and could get q student permit and pay international fees.
     
    jddd likes this.
  5. Just wait and see what happens. In 2018 I applied for PR renewal for my son and myself. Four months passed - no news. We asked a local MP to inquire. After that I received a letter saying that my son's photo did not comply with the requirements. We sent a new one. Three months - no news. I made an inquiry about his application myself, through CIC system, the answer was something like "we have no records of his application". Only after the second inquiry from our MP they were able to locate my son's file. So chances are that they can simply mess up with someone's application, and the person is not proactive they do not even deal with the case. This can work in your favour if this is your case.
     
  6. No need to panic. The best you can do now is wait to see how this goes.

    Very difficult to forecast what will happen, but my GUESS is the odds are in your favour, perhaps well in your favour.

    The good news is that if IRCC was going to proceed to schedule a formal Residency Obligation date it is likely they would have done so by now. It is difficult to guess where the application is now, or why. BUT as you have since learned, you do not need to get a new card to go on living and studying here. As a Canadian, a Canadian PR and resident of Canada, you are of course entitled to the same benefits, including educational benefits, any other Canadian is entitled to.

    In the meantime, your days are still counting toward compliance with the RO. So the longer it goes without having a formal RO determination, the closer you get to compliance. And if you are scheduled for an interview or examination, the more days you have in your favour in the H&C analysis to determine whether you should be allowed to keep PR status. Your current presence in Canada PLUS your return to Canada within the first five years PLUS your return soon after reaching the age of 18, PROBABLY MAKES FOR AT LEAST A FAIRLY GOOD, IF NOT QUITE STRONG H&C CASE.

    The somewhat bad news you got from @jddd

    And there is even some observations in the PDIs or Operational Bulletins about this, that if someone requests withdrawing their application, officials should nonetheless review the case to determine if there is cause to take action such as pursuing removal proceedings.

    But, to my view things look like they are probably (no guarantee, sorry) headed in a favourable direction . . . this is given the positive factors in your H&C case, including the amount of time you have now been in Canada, and the fact that IRCC has NOT proceeded to call you in for an interview at which they would determine your compliance with the RO as of that day.

    There is one part of that post I disagree with:

    No idea where any such statistic for young PRs applying for a PR card might come from. In following these issues I have seen very, very few such cases and I recall NO negative outcomes

    Indeed, it has only been in the last couple years or so that we have seen an increase in the number of reported PR Travel Document applications denied when made by young PRs purportedly removed as a minor BUT so far as I have seen ALL of those are PR TD applications (NOT PR card applications) made after absences from Canada MANY YEARS more than you were absent, and all by individuals who spent way less time actually in Canada than you now have. AND again this is in regards to applications for a PR TD not PR card, applications made by individuals NOT in Canada and NOT even recently in Canada.

    It is not certain, but it also appears the difference between merely arriving at a PoE to enter and stay in Canada might make a big difference compared to those who apply for a PR TD from abroad. Feet in Canada likely considered to be a real, concrete step toward settling in Canada. At least enough so to give the PR a chance to stay and settle.

    Since most who are in breach of the RO but nonetheless are allowed entry without being reported realize it would be foolish to proceed to apply for a PR card until they are at least well established in Canada, two full years to be really safe, we see very few reports from young PRs like you applying sooner than that for a PR card. So there is not much anecdotal reporting to draw on for you particular situation. That said, you were allowed entry at the PoE, and the amount of time since you submitted your PR card application signals there is little or no effort at IRCC to aggressively pursue termination of your status. Indeed, the timeline might be due to watching to see whether you actually stay. If you stay, OK. If you leave soon, you will need a PR TD or will be examined at a PoE when you want to return.

    The situation is significantly shy of an ALL-CLEAR signal, as there remains some risk this could still go in a negative direction (in which case you appeal, get to stay for another academic year, and by the time you are at the IAD the equities should be well in your favour, giving you a better than usual chance of winning the appeal compared to most others appealing loss-of-PR decisions). That is, NO guarantees. But the dominant winds appear to be blowing in your favour.

    So as a couple others have suggested, not much to do but WAIT, and probably fair to be waiting optimistically.
     
    jddd likes this.
  7. Think your case seems a lot more complicated.

    https://www.canadavisa.com/canada-immigration-discussion-board/threads/do-i-need-to-certify-departure.582466/
     
  8. Ok things in your favour:
    You returned to Canada more or less as soon as you could (once you turned 18). You are now in Canada.
    Things against you:
    When you left as minor you had virtually 0 connections to this country (apart of a nice piece of paper stating that you are PR).
    You also cannot use directly why your family did not settle in Canada. As a minor, you were not supposed to be responsible to take care of an ill family member.

    And thing that can bring you in trouble:
    You have mentioned that you also have a green card. So i hope for your sake, that you are not trying to upkeep that one as well (like travelling back and forth between USA and Canada), otherwise such frequent trips would make a big dent in your H&C statement (as you should be trying to meet RO as soon as possible).
    And yes it might mean that you might have to sacrify your Green card in the process (here I do not know how long can you afford to stay outside USA to keep it).
     

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